In re Mason

520 B.R. 508, 2014 Bankr. LEXIS 4574, 2014 WL 5502385
CourtUnited States Bankruptcy Court, S.D. Mississippi
DecidedOctober 30, 2014
DocketNo. 1004195EE
StatusPublished
Cited by4 cases

This text of 520 B.R. 508 (In re Mason) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, S.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Mason, 520 B.R. 508, 2014 Bankr. LEXIS 4574, 2014 WL 5502385 (Miss. 2014).

Opinion

MEMORANDUM OPINION

EDWARD ELLINGTON, Bankruptcy Judge.

THIS MATTER came before the Court' on the Trustee’s Motion for an Order Declaring Carrington Mortgage Services 1322(B)(5) Claim Defaults Cured Pursuant to the Amended Proof of Claim Filed on January 11, 2011 (Dkt. # 29) and the Notice of Final Cure Payment (Dkt. # 31) filed by the Chapter 13 Trustee, James L. Henley, Jr.; the Response to Trustee’s Motion to Deem Section 1322(b)(5) Claim Current and Defaults Cured, Doc No. 29 (Dkt. #33) filed by Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-8, c/o Carrington Mortgage Services, LLC; the Objection to Proof of Claim (Dkt. # 44) filed by Stephen L. Mason, Sr.; the Re-[509]*509spouse to Debtor’s Objection to Proof of Claim, Doc No. 44 (Dkt. # 45) and the Amended Response to Debtor’s Objection to Claim, Doc. No. 45 (Dkt. # 66) filed by Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-8, c/o Carrington Mortgage Services, LLC; the Amended Objection to Proof of Claim (Dkt. # 55) filed by Stephen L. Mason, Sr.; and the Second Amended Response to Debtor’s Objection to Claim, Doc. No. 451 (Dkt. # 67) filed by Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-8, c/o Carrington Mortgage Services, LLC.

After considering same and the Joint Stipulation of Undisputed Facts (Dkt. # 68), the Court finds that the Objection to Proof of Claim (Dkt. # 44) and the Amended Objection to Proof of Claim (Dkt. # 55) both filed by Stephen L. Mason, Sr. are well taken and should be granted. Therefore, the Trustee’s Motion for an Order Declaring Carrington Mortgage Services 1322(B)(5) Claim Defaults Cured Pursuant to the Amended Proof of Claim Filed on January 11, 2011 (Dkt. # 29) filed by James L. Henley, Jr., Chapter 13 Trustee, is well taken and should be granted.

FINDINGS OF FACT2

On August 22, 2002, Stephen L. Mason, Sr. and Kimiko Mason entered into a Disclosure Statement, 'Note and Security Agreement and a Deed of Trust with Travelers Bank & Trust, FSB. The original amount financed was $98,425.17, and is secured by real property owned by the Masons.

On November 29, 2010, Stephen L. Mason, Sr. (Debtor) filed a petition for relief under Chapter 13 of the United States Bankruptcy Code. James L. Henley, Jr. (Trustee) was appointed as the Chapter 13 Trustee for the Debtor’s bankruptcy case.

The Debtor filed his Chapter 13 Plan (Dkt. #2) (Plan) on November 29, 2010. The Debtor filed an Amended Chapter 13 Plan (Dkt. # 13) (Amended Plan) on December 10, 2010.3 In his Plan and Amended Plan, the Debtor proposed to pay the ongoing mortgage payment to CitiMort-gage, Inc.4 (CitiMortgage) through his plan and to pay an arrearage on his mortgage to CitiMortgage in the amount of $12,000.00.

[510]*510The Notice of Chapter IS Bankruptcy Case, Meeting of Creditors, & Deadlines (Dkt. # 9) (341 Notice) was filed on December 2, 2010, and on December 5, 2010, the 341 Notice was mailed to all creditors. CitiMortgage is listed on the certificate of service (Dkt. # 10), and CitiMortgage does not dispute that it received the 341 Notice. The 341 Notice states that the deadline for the filing of proofs of claim was March 28, 2011.

CitiMortgage timely filed a Proof of Claim (Claim # 1-1) (First Proof of Claim) on December 28, 2010. In Box 1, Citi-Mortgage lists the amount of its claim as of the date the case was filed as $62,776.41. In Box 4, CitiMortgage lists the arrearage owed on its mortgage as $439.21.

On January 11, 2011, CitiMortgage timely filed an amended Proof of Claim (Claim # 1-2) (Amended Proof of Claim). In Box 1 of the Amended Proof of Claim, Citi-Mortgage lists the amount of its claim as of the date the case was filed as $62,706.22, slightly less than the figure contained on its First Proof of Claim. In Box 4 of the Amended Proof of Claim, CitiMortgage lists the arrearage owed on its mortgage as $439.21, the same figure contained in its First Proof of Claim.

The Order Confirming the Debtor’s Plan, Awarding a Fee to the Debtor’s Attorney and Related Orders (Dkt. # 15) (Confirmation Order) was entered on January 24, 2011. The Confirmation Order approved the Debtor’s Amended Plan for a period not to exceed sixty (60) months. In the Confirmation Order, the amount of the Debtor’s mortgage payment and the amount of the mortgage arrearage was changed to conform with CitiMortgage’s Amended' Proof of Claim. Therefore, in the Confirmation Order the amount of the mortgage arrearage to be paid to Citi-Mortgage was reduced from $12,000.00 to $439.21. Pursuant to the Confirmation Order, the Debtor proposed to pay 100% to his unsecured creditors who timely filed proofs of claim.

On March 28, 2013, and on May 29, 2013, CitiMortgage filed 'its Notice of Mortgage Payment Change (See doc entries on the Claims Registry.). The March 28th notice informed the Debtor that on May 1, 2013, the Debtor’s escrow payment would increase from $221.23 to $233.68. Therefore, beginning May 1, 2013, the Debtor’s total mortgage payment would be $1,392.17.

The May 29th notice informed the Debt- or that on July 1, 2013, the Debtor’s escrow payment would decrease from $221.18 to $210.90.5 Therefore, beginning July 1, 2013, the Debtor’s total mortgage payment would be $1,369.39.

On October 7, 2013, a Transfer of Claim Other Than for Security (Dkt. # 25) was filed. The transfer states that CitiMort-gage transferred its claim to Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-8. The transfer further states that all notices should be sent care of Carrington Mortgage Services, LLC. For purposes of this Opinion, Christiana Trust, A Division of Wilmington Savings Fund Society, FSB, as Trustee for Normandy Mortgage Loan Trust, Series 2013-8 will be referred to as Carrington Mortgage.

The Debtor made his last payment to the Trustee on February 20, 2014. From the date the Confirmation Order was entered, the Debtor paid into his Chapter 13 [511]*511plan for a total of thirty-eight (38) months. Even though the Debtor’s plan was confirmed for a period not to exceed sixty (60) months, the Debtor had paid his unsecured creditors in full and had paid his arrearage on his mortgage in full over the thirty-eight (38) months. Therefore, the Debtor had completed his plan payments as required by the Confirmation Order.

Since the Debtor had completed all of his plan payments, on March 5, 2014, the Trustee filed a Notice of Final Cure Payment (Dkt. # 31) (Final Cure) in accordance with Federal Rule of Bankruptcy Procedure 3002.1(f).6 The Final Cure notified Carrington Mortgage that the Trustee had paid to Carrington Mortgage the pre-petition arrearage of $439.21, the amount Carrington Mortgage had listed in its Amended Proof of Claim.

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Cite This Page — Counsel Stack

Bluebook (online)
520 B.R. 508, 2014 Bankr. LEXIS 4574, 2014 WL 5502385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-mason-mssb-2014.